License Information

There are a few exceptions to our license:
1. Students – those who are in coursework or experience are exempt from the license requirement.  They can practice as long as they are supervised.  However, this exemption ends as soon as the person passes the Board Exam!  Then they must stop practicing until they get a license.  The BOM recommends that you apply for your license prior to taking the test then all that is needed is the certification paperwork which would not take as long to process.

2. Public School Employees – so as not to squash the use of good behavioral practices based in the science that happen in the schools, our license does not prohibit or restrict the activities of an individual employed by a school board or by a school for students with disabilities licensed by the Board of Education from providing behavior analysis when such behavior analysis is performed as part of the regular duties of his office or position and he receives no compensation in excess of the compensation he regularly receives for the performance of the duties of his office or position. No person exempted from licensure pursuant to this subsection shall hold himself out as a licensed behavior analyst or a licensed assistant behavior analyst unless he holds a license as such issued by the Board.  This does not mean that BCBAs in schools should not get licensed as they ABSOLUTELY MUST!  But those who aren’t BCBAs can perform activities that look like behavior analysis with impunity.

3. Other Licensed Persons – in all licenses, there is an exemption for those whose scopes of practice overlap so that they do not need to become dually licensed.  At this time, the only profession this applies to (in VirginiaABA’s perspective) is psychologists.  If you look at the scope of practice for LPC or LCSW, it does not include behavior analysis and they are, therefore, not exempt.

In 2017 this guidance document regarding the maintenance of records was updated.  The regulations regarding records apply to you as a licensee through the VA Department of Health Professions. 

The mission of the Virginia Association for Behavior Analysis (VABA or VirginiaABA) is to promote and support the practice, research, and dissemination of behavior analysis throughout the Commonwealth of Virginia.  VABA recognizes that the law and regulations to license practitioners of behavior analysis afford important protections for consumers, funders, the state, and the profession, and that the law and regulations apply to the practice of behavior analysis regardless of client population, setting, funding source, and the like.  

The licensure statute to practice behavior analysis originally specified that the qualification for licensure is certification by the Behavior Analyst Certification Board (BACB) “or any other entity that is nationally accredited to certify practitioners of behavior analysis” (https://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0003) The statute also requires the Board of Medicine (BoM) to promulgate regulations for implementing the statute, including requirements for licensure as a behavior analyst or assistant behavior analyst.  The BoM did that in 2012 and the current regulations state: (http://www.dhp.virginia.gov/media/dhpweb/docs/med/leg/BehaviorAnalysis.pdf).  In 2023, the law was amended to specify the initial intention of requiring BACB certification for licensure.

18VAC85-150-60. Licensure requirement. An applicant for a license to practice as a behavior analyst or an assistant behavior analyst shall hold current certification as a BCBA® or a BCaBA® obtained by meeting qualifications and passage of the examination required for certification as a BCBA® or a BCaBA® by the BACB.

In 2022, a petition was filed with the BoM to change that regulation “To remove the specific requirement for BACB certification and accept certification from an entity that is nationally accredited to certify practitioners of behavior analysis.”  You can find the petition and comments about it at https://townhall.virginia.gov/L/ViewPetition.cfm?petitionid=359.    The petitioner and some commenters specifically advocated for the BoM to accept certifications issued by another certification board as qualification for licensure to practice ABA in the Commonwealth.  The information that follows is offered to assist ABA practitioners, current and future licensees, consumers, employers, and other stakeholders in understanding the situation.

VirginiaABA has adopted a “Position on Credentials to Serve as Qualification for Licensure to Practice Behavior Analysis”(https://virginiaaba.org/wp-content/uploads/2022/03/Position-on-Credentials.pdf).  We invite you to read it carefully.  Some of the key points are highlighted and elaborated here:

–        Entities that certify professional practitioners of ABA should be nonprofit organizations.  Internal Revenue Service regulations require nonprofit (tax exempt) organizations to serve and be accountable to the public; have no owners, shareholders, or investors; and use any surplus revenues to benefit the communities they serve. The organization should be governed by an independent board of volunteer directors and make its bylaws and other governing policies available to the public.  That is, nonprofit credentialing organizations must be transparent about how they are governed and operated, how their credentialing and other standards are developed and implemented, and other aspects of their credentialing programs.  That allows applicants for and holders of the credentials, consumers, employers, funders, and governments to easily access critical information about the organization.  The overwhelming majority of U.S. organizations that issue professional certifications in healthcare and human services are nonprofits.  Some that are relevant to the petition are cited below; also see the American Psychological Association’s Criteria for the Recognition of Organizations that Provide Certifications in Specialties and Subspecialties in Professional Psychology, which has as its first criterion “The certifying body is a non-profit organization that has published bylaws, standards, and procedures and is governed by an independent board of directors, with specified procedures for selection and tenure of board members such that control does not rest with one individual or group of individuals indefinitely” (emphases added).

–        Certifying entities should conduct job analysis studies using well-established procedures and standards to identify the competencies required to practice ABA with any client or service recipient, not just a subset (e.g., those with a specific diagnosis).  The studies should involve large numbers of subject matter experts, credentialed members of the profession, and experts in psychometrics (test construction and validation).  The resulting list of competencies should drive the contents of the professional examinations that are required to obtain the certifications.  It may also inform decisions about other certification eligibility requirements (often called task lists or exam outlines), eligibility requirements, and related standards should be readily available to the public.  

The BACB meets all of those and other important criteria, and its certification requirements parallel requirements for licensure in most professions.  The petitioner and some other commenters argued that the BoM should not accept certifications issued by just one entity as qualification for licensure.  In fact, it is common for national certifications issued by single entities to be accepted or required for licensure in many professions.  The licensure laws and/or regulations for several other professions that are regulated by the BoM are cases in point.  Some example professions and certifying entities represented in those laws and regulations include athletic trainer (National Athletic Trainers’ Association Board of Certification, https://bocatc.org); midwife (American Midwifery Certification Board, https://www.amcbmidwife.org); occupational therapist and occupational therapist assistant (National Board for Certification in Occupational Therapy, https://www.nbcot.org); physician assistant (National Commission on Certification of Physician Assistants, https://www.nccpa.net); and surgical technologist (National Board of Surgical Technology and Surgical Assisting, https://www.nbstsa.org).  Like the BACB, all of those certifying entities are nonprofit organizations and credential individuals to practice their profession with any client, patient, or service recipient.

Prior to forming an opinion, we encourage you to carefully evaluate all organizations that credential professional practitioners of ABA.  Examine their requirements for obtaining and maintaining credentials (degrees, amount and content of coursework in behavior analysis irrespective of any diagnosis, organizations that are certified to deliver the coursework and their independence from the credentialing agency, amount and content of supervised experiential training in behavior analysis, breadth and depth of behavior analytic content covered in the exams, continuing education, etc.) and compare them to current standards.  Consider that if the VA licensure regulations are changed to allow credentials with less rigorous requirements (including a focus on just one client population) to be accepted for licensure, it will create multiple levels within the same license (LBA), each level with different types and amounts of training and competence in the practice of ABA.  Those differences will not be apparent to consumers, funders, or employees, which would jeopardize consumer safety and the integrity of the profession in our state.  

Here are some other evaluation tools, courtesy of the Association of Professional Behavior Analysts (APBA):

Evaluating certification programs in the practice of behavior analysis

At the behest of some state regulators, some of our Affiliate organizations, and others, in 2018 APBA developed Guidelines for Evaluating Credentials in the Practice of Applied Behavior Analysis. We also offer the following suggestions for exercising due diligence with regard to companies that issue certifications in the practice of ABA that state they are “equivalent” to those issued by the BACB by reviewing information that is available through public sources:

o   Check the company’s website for information about key characteristics, including its for-profit or nonprofit status, mission, governing board and policies, operations, staff, history, relationship to other companies or organizations (may be embedded in the bios of board members and staff, job task analysis reports, or documents available from other sources; see below), reports of job task analyses, task lists or exam contents, eligibility requirements and how they are determined, other standards and how they are determined, accreditation of its certification programs, and the like.

o   To check the nonprofit status of a company, search for its name at https://www.irs.gov/charities-non-profits/search-for-tax-exempt-organizations. If that search brings up the company’s name, click on it to access information about it. Review documents such as annual tax returns (990s) for information like the name and address of the principal officer and the names of the company’s officers, directors, trustees, and key employees.

o   If the company is for-profit, try to find out who owns it and who benefits from the profits.

o   If you know the state(s) in which the company is incorporated or doing business, you can probably find information about it by searching the website of the state agency that regulates business entities, such as the Secretary of State. (For instance, the California Secretary of State has a Business Search feature at  https://businesssearch.sos.ca.gov. It allows you to search by corporation name, LP/LLC name, or entity number; you might have to search with more than one of those filters). If the company is found, you should be able to see what type of organization it is, the address, and the principal agent or owner. If available, peruse documents like the company’s original registration and recent corporate filings for additional information.

o   If the company has trademarked any titles, names, or brands, search for them in the trademark database of the U.S. Patent and Trademark Office, https://www.uspto.gov/trademarks/search. If the company is found, search the records on that site for information about the company’s goods and services, the owner, and the address.

o   If reports of job task analyses (JTAs) or exam content outlines can be obtained, compare the content with the corresponding BACB documents (most recent JTA report at

https://www.bacb.com//srv/htdocs/wp-content/uploads/2020/05/January2017-newsletter-200828.pdf; current task lists [certification exam content outlines] at https://www.bacb.com/task-lists/). In particular, look for evidence that

•       the JTA pertained to the practice of professionals rather than paraprofessionals/technicians, and to the practice of ABA with any category of client or service recipient rather than just one or a few;
•       the characteristics and numbers of individuals to whom the JTA survey was sent and the subject matter experts involved indicate that they were representative of the profession as a whole;
•       the task list or exam content outline describes the entire array of concepts, principles, and procedures involved in practicing ABA professionally with any client or service recipient.

APBA put out new guidance in April 2024.

In 2018, Sen. Barker initiated a bill to change the regulations to classify Licensed Behavior Analysts as Licensed Mental Health Practitioners (LMHP).

The bill passed into law and the Commonwealth took the necessary steps to make the change.  As of 11/29/18, the changes have been made: https://law.lis.virginia.gov/admincode/title12/agency35/chapter105/section20/ and http://register.dls.virginia.gov/details.aspx?id=7135 are the applicable Web sites.

“Licensed mental health professional (LMHP) means a physician, licensed clinical psychologist, licensed professional counselor, licensed clinical social worker, licensed substance abuse treatment practitioner, licensed marriage and family therapist, or certified psychiatric clinical nurse specialist, or licensed behavior analyst.” (emphasis added)

LABAs were not included in the regulations due to push back from the state.

So what does this mean?

Technically, LBAs are authorized to provide the same services as other LMHPs (that include Licensed Professional Counselors, Licensed Clinical Social Workers, among others).

In reality, it will probably be necessary to adjust the manuals that apply to those services to accommodate LBAs.

DMAS is reluctant to do this right now as Virginia is in the midst of a behavioral health redesign.

The timing of the LMHP bill was excellent as LBAs now have a seat the table for these discussions and are better poised to increase the number of services that will be covered by Medicaid, and hopefully eventually private insurance.

For more information, see the Community Mental Health Rehabilitation Services (CMHRS) Manual: https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManual

For LBAs who don’t want to wait for the redesign, you may try to work with DBHDS to get licensed to deliver CMHRS services.  The licensing process is arduous and is not suited for LBAs, but it is the only pathway at this time to deliver the broader array of services.

It is very important to note that the designation of LBAs as LMHPs in no way changes our scope of practice.  For instance, diagnosis is NOT generally in an LBA’s scope of practice unless s/he has another license.  Being designated as an LMHP does not allow LBAs to diagnose, even though it is within the purview of other LMHPs.

For information on scope of practice for LBAs see https://www.dhp.virginia.gov/medicine/medicine_laws_regs.htm Regulations Governing the Practice of Behavior Analysis Part IV, Page 7.

For information on scope of practice for BCBAs, see the Professional and Ethical Compliance Code at www.bacb.com.  Specifically, 1.02 Boundaries of Competence. (a) All behavior analysts provide services, teach, and conduct research only within the boundaries of their competence, defined as being commensurate with their education, training, and supervised experience. (b) Behavior analysts provide services, teach, or conduct research in new areas (e.g., populations, techniques, behaviors) only after first undertaking appropriate study, training, supervision, and/or consultation from persons who are competent in those areas. But there are other codes that apply.

A note regarding QMHPs:

QMHPs or Qualified Mental Health Professionals are another level of service providers.  There is no need for LBAs to register as a QMHP due to our status as LMHP.

Board of Counseling registration and information: https://www.dhp.virginia.gov/counseling/counseling_QMHP.htm 

Note that it may or may not be necessary for LABAs and RBTs to register as QMHPs – it would depend on how the organization for which you work is licensed.  Ask your supervisor or contact admin@virginiaaba.org to figure it out.

Mostly, the CEU requirements match those of the BACB.  However, please see the important information from the VA Board of Medicine below.  This applies to LBAs and LABAs in Virginia even though it is not required by the BACB.  Please email admin@virginiaaba.org if you have any questions.

Note that VirginiaABA has created a training for LBAs and LABAs that meet both BOM and BACB requirements.  See the Member Area to access that training if you are a VABA Member.

See below the message for FAQs.

Virginia Board of Medicine

Dear Colleague:

The 2023 Session of the General Assembly passed Senate Bill 1147 and House Bill 1426 which authorize the Board of Medicine to require its licensees to complete up to 2 hours of Continuing Education (CE) training on a specific topic for license renewal.  The law requires that the first such required training be on the subject of human trafficking.

Combatting human trafficking is a priority for Governor Youngkin’s administration. At its October 19, 2023 meeting, the full Board of Medicine thoroughly discussed this new law and voted to require 1 hour of CE in human trafficking for all licensees for the next renewal cycles, 2024 and 2025.  The Board has the responsibility of notifying its licensees of this requirement by January 1 of the next renewal cycle. Please consider this your notification. Upon filling out your renewal form, you will need to attest to the fact that you obtained 1 hour of CE credit on the subject of human trafficking.

To help all licensees meet this requirement, please know that there is excellent online information at no cost on the website of The Polaris Project. Go to https://polarisproject.org/. Select “Human Trafficking” from the menu at the top of the homepage. Here you will find screens on “Understanding Human Trafficking”, “Recognizing Human Trafficking”, “Myths, Facts and Statistics”, “Policy & Legislation”, and “Resources and Reports”. You can keep clicking through the screens to accumulate an hour of CE. Under “Recognizing Human Trafficking”, you will find “Human Trafficking Training” that has 6 modules. The Polaris Project is only a recommendation, and you may utilize another reputable site or resource that provides high-quality content as long as the required hour is met.

Happy Holidays and kindest regards,

William L. Harp, MD
Executive Director
Virginia Board of Medicine

Q. How do I let the BOM know that I did this?

A. You will have to attest when you renew your license.  If you are audited, you will need to produce a certificate, but there is no reason to send it in otherwise.

Q. Can this CEU count for BACB purposes as well?

A. Not the one that they are mentioning, but VirginiaABA has a webinar recording available for members to watch asynchronously and earn 1 BACB CEU. The webinar can be found on our members-only section here.